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Viewing Less Satisfactory Evidence with Distrust

JURY INSTRUCTIONS:Special Instructions

This page is intended as a resource for other attorneys. If you find yourself defending a DUI case, you may benefit from instructing the jury about evidence code 412 as explained below.

Evidence Code §412

You are instructed that if weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust.

This special jury instruction is offered when the police do not have evidence that arguably they should have. For example, the video tape of the driver performing the Field Sobriety Tests is important evidence. Many times the CHP takes the driver off camera (contrary to its own orders and policy) and the argument can be made that the jury should distrust that evidence.